Best Practice Manual for the Forensic Examination of Handwriting - ENFSI-BPM-FHX-01
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ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting Best Practice Manual for the Forensic Examination of Handwriting ENFSI-BPM-FHX-01 Edition 03 – October 2020 1/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting ENFSI’s position on Best Practice Manuals ENFSI wishes to promote the improvement of mutual trust by encouraging forensic harmonisation through the development and use of Best Practice Manuals. Furthermore, ENFSI encourages sharing Best Practice Manuals with the whole Forensic Science Community which also includes non ENFSI Members. Visit www.enfsi.eu/documents /bylaws for more information. It includes the ENFSI policy document Policy on Creation of Best Practice Manuals within ENFSI (code: QCC-BPM-001). Official language The text may be translated into other languages as required. The English language edition remains the definitive version. Copyright The copyright of this text is held by ENFSI. The text may not be copied for resale. Further information For further information about this publication, contact the ENFSI Secretariat. Please check the website of ENFSI (www.enfsi.eu) for update information. 2/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting Best Practice Manual for the Forensic Examination of Handwriting CONTENTS 1. AIMS …………………………………………………………………………. 5 2. SCOPE ………………………………………………………………………. 5 3. DEFINITIONS AND TERMS ….…………………………………………… 6 4. RESOURCES ……………………………………………………………….. 6 4.1 Personnel ……………………………………………………………………… 6 4.2 Equipment …………………………………………………………………….. 7 4.3 Reference materials …………………………………………………………... 8 4.4 Accommodation and environmental conditions ………………………………. 8 4.5 Materials and Reagents ………………………………………………………. 8 5. METHODS …………………………………………………………………… 8 5.1 Anti-contamination procedures …………………………………………………. 8 5.2 Examination Techniques and Methods ………………………………………. 8 5.3 Analysis protocols …………………………………………………………….. 8 5.4 Case Records …………………………………………………………………. 9 5.5 Peer Review …………………………………………………………………… 9 6. VALIDATION AND MEASUREMENT OF UNCERTAINTY……………… 10 6.1 Validation………………………………………………………………………. 10 6.2 Estimation of uncertainty of measurement …………………………………… 10 7. QUALITY ASSURANCE .………………………………………………….. 11 8. HANDLING ITEMS ………………………………………………………….. 12 9. INITIAL ASSESSMENT …………………………………………………….. 12 9.1 Introduction . …………………………………………………………………… 12 9.2 Assessment at the laboratory …………………………………………………. 12 10. PRIORITISATION AND SEQUENCE OF EXAMINATIONS ………………….. 13 10.1 General considerations ………………………………………………………… 13 10.2 Considerations for forensic handwriting examinations ………………………… 13 11. RECONSTRUCTION OF EVENTS ………………………………………… 13 12. EVALUATION AND INTERPRETATION ………………………………….. 13 13. PRESENTATION OF EVIDENCE ………………………………………….. 13 13.1 General …………………………………………………………………………. 13 13.2 Written evidence ……………………………………………………………….. 14 13.3 Oral evidence …………………………………………………………………… 14 14. HEALTH AND SAFETY ……………………………………………………… 15 15. BIBLIOGRAPHY ……………………………………………………………… 15 15.1 English language texts …………………………………………………………. 15 15.2 German language texts ………………………………………………………… 16 16. AMENDMENTS AGAINST PREVIOUS EDITION ..……………………….. 16 3/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting APPENDIX 1 - KEY KNOWLEDGE REQUIREMENTS FOR THE FORENSIC EXAMINATION OF HANDWRITING …………………………………………………………. 17 APPENDIX 2 – TRAINING REQUIREMENTS OF FORENSIC HANDWRITING EXAMINERS …………………………………………………….................. 21 APPENDIX 3 – OVERVIEW PROCEDURE FOR FORENSIC HANDWRITING EXAMINATIONS AND COMPARISONS …………………………………………………….. 26 APPENDIX 4 – TERMINOLOGY USED IN FORENSIC EXAMINATION OF HANDWRITING …………………………………………………………………………… 39 APPENDIX 5 – OVERVIEW PROCEDURE FOR FORENSIC EXAMINATIONS AND COMPARISONS OF DIGITALLY CAPTURED SIGNATURES AND HANDWRITTEN ENTRIES ……………………………………………………………………. 48 APPENDIX A – AMENDMENTS AGAINST PREVIOUS EDITIONS OF THE APPENDICES ……..……………………………………………………………………… 68 4/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting 1. AIMS This Best Practice Manual (BPM) aims to provide a framework of procedures, quality principles, training processes and approaches to the forensic examination of handwriting. This BPM can be used by Member laboratories of ENFSI and other forensic science laboratories to establish and maintain working practices in the field of forensic handwriting examination that will deliver reliable results, maximize the quality of the information obtained and produce robust evidence. The use of consistent methodology and the production of more comparable results will facilitate interchange of data between laboratories. The term BPM is used to reflect the scientifically accepted practices at the time of creating. Despite its implicit suggestion that alternative, equivalent Practice Manuals are excluded at beforehand, in this series of ENFSI Practice Manuals the term BPM has been maintained for reasons of continuity and recognition. 2. SCOPE This BPM is aimed at experts in the field and assumes prior knowledge in the discipline. It is not a standard operating procedure and addresses the requirements of the judicial systems in general terms only. Due to the fact that the terms “forensic handwriting examination” and “graphology” (or “Judicial Graphology” or “Forensic Graphology”) are frequently confused and given (wrongly attributed) equivalence, sometimes even within judiciary, it is to be stressed that there is a clear difference between them. While they both focus on handwriting (including signatures) and the process of writing, the questions they answer and the methods they use are entirely different. Forensic handwriting examination, just as many other forensic disciplines, aims for identification of a person based upon a trace they leave. Just as in forensic DNA or fingerprint analysis the identification derives from uniqueness of the genome or the pattern of ridges on a skin, forensic handwriting examination deals with a trace that exhibits individual neuromuscular behaviour of a person. This discipline does not make any assumptions about the relationship between handwriting characteristics and personality because the analysis of personal traits has no relevance to writer identification. Graphology on the other hand, includes inferring character traits or intelligence of the person from interpreting the handwriting characteristics. It is not the task of a forensic handwriting examiner to deal with the validity of a graphological diagnosis, and possible explanations, and it is not the role of a graphologist to form opinions on the authorship of handwriting. Therefore, ENFHEX does not support the use of this Best Practice Manual, in full or part, to validate the role of a graphologist within the forensic environment. Documents, of various types, are routinely encountered in casework and are required to be examined for a number of reasons (see Appendix 1 – Key Knowledge Requirements for the Forensic Examination of Handwriting). The examination of these documents may reveal information which is invaluable to the investigation of a crime, or which may provide evidence which indicates that a crime has been committed. This guidance document covers the process from the receipt of the test items into the “handwriting laboratory” to the presentation of evidence in the courts. As such it 5/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting encompasses the systems, the procedures, the personnel, the equipment and the accommodation requirements for the forensic examination of handwriting. The law enforcement framework and the legal systems within which a forensic laboratory is working will determine the degree of direct control that individual practitioners have over each stage of a process. Where the practitioner is not directly involved in any particular stage they should still be in possession of sufficient knowledge to ensure the maintenance of good scientific practice. 3. DEFINITIONS AND TERMS For the purposes of this Best Practice Manual (BPM), the relevant terms and definitions given in ENFSI documents, the ILAC G19 “Modules in Forensic science Process”, as in standards like ISO 9000, ISO 17000 and 17020 apply. In this section only the field specific terms and definitions, which assist in the interpretation of this BPM, are listed. Forensic Handwriting Examiner - An individual that undertakes a Forensic Handwriting Examination. This includes both Reporting Scientists and Analysts/Assistants. Forensic Handwriting Examination - The scientific examination and comparison of handwritten documents to determine whether or not two or more pieces of handwriting have been completed by one individual. This includes authentication of one or more questioned signatures by comparison with a set of known signatures. 4. RESOURCES 4.1 Personnel People are likely to be the most important resource in any forensic application and in order to allow staff to work effectively and efficiently everybody concerned in the process must understand the nature of the tasks and the human qualities required to perform them. It is accepted that individual organisations will recruit Forensic Handwriting Examiners in accordance with the requirements of that organisation (and this may include legal considerations as well as academic qualifications or work experiences). As such it is acknowledged that Forensic Handwriting Examiners will have a wide variety of experience, training and background knowledge. All of these can be obtained through a range of different processes, but should include the criteria detailed in Appendix 1 - "Key Knowledge Requirements for the Forensic Examination of Handwriting”. 4.1.1 Roles and responsibilities The key roles for Forensic Handwriting Examinations are: Reporting Scientist – The forensic scientist responsible in a particular case for directing the examination of the items submitted, interpreting the findings, writing the report and providing evidence of fact, and opinion, for the court. Analyst/Assistant – An individual carrying out general casework examinations or analytical tests under the supervision of a Reporting Scientist and who is able to provide information to assist with the interpretation of the tests. Both of these roles can be carried out by the same individual. 4.1.2 Competence requirements 6/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting The qualifications, competences and experience that individuals require to carry out the various aspects of Forensic Handwriting Examination will depend on the intellectual and practical demands of the various aspects of the work. Appendix 1 – “Key Knowledge Requirements for the Forensic Examination of Handwriting” details the general levels of knowledge required for individuals to undertake the particular aspects of work, whilst Appendix 2 - “Training Requirements for Forensic Handwriting Examiners” details the training requirements and the assessments that will be applied. The following experience and areas of competence would be expected as the minimum standard for the key roles defined above, in forensic handwriting examination: Reporting Scientist - Knowledge of the theories, analytical techniques and procedures applicable to forensic handwriting examination; competence in the evaluation and interpretation of findings in handwriting cases; knowledge and experience of the requirements and procedures of the criminal justice system for the presentation of evidence, both written and oral Analyst/Assistant - Knowledge of the theories, analytical techniques and procedures applicable to forensic handwriting examination; the practical skills to operate specialist equipment and to carry out forensic handwriting analysis safely and reliably in compliance with laboratory protocols; an understanding of the requirements of the criminal justice system 4.1.3 Training and Assessment The levels of training and assessment are dependent on the role being undertaken; however the following must be addressed in developing a training and assessment programme: laboratories should have written standards of competence for each role, a documented training programme and processes for assessing that trainees have achieved the level of competence required; all training should be completed within the specified time frame and the outcome of assessments documented on the individual's training records; the assessment of competence can be accomplished through a combination of appropriate means, including: practical tests written and/or oral examinations role exercises (for example "mock" courts) casework conducted under close supervision a portfolio of previous work A trainee should only be recognised as competent when he or she has been assessed as meeting the defined standards of performance and only then be permitted to undertake independent casework in the relevant area. A record of the assessment date and result of the assessment should be added to the relevant training record. All personnel involved in the field of forensic handwriting examination will also be required to demonstrate that they have maintained their competence at regular intervals, not exceeding 12 months (for example with the use of collaborative exercises or proficiency tests). 4.2 Equipment 7/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting The principle equipment required for Forensic Handwriting Examination is a suitable form of magnification (such as a stereo-zoom microscope). Other instrumentation, (see Appendix 3 Section 7) often falling within the remit of forensic document examination, may assist the Forensic Handwriting Examiner. This is not covered within this documentation. Only appropriate and properly operating equipment should be employed in casework, and then only within the limits of the performance checks carried out. 4.3 Reference materials No specific requirements 4.4 Accommodation and environmental conditions The principle considerations for forensic handwriting examination are the need for sufficient, secure work space to allow for efficient and effective working and the need for good quality lighting, preferably natural daylight. When necessary correct anti-contamination procedures must be used to prevent cross- contamination. 4.5 Materials and Reagents No specific requirements 5. METHODS 5.1 Anti-Contamination Procedures All items submitted for handwriting examinations should first be examined for the integrity of their packaging. Any deficiency in the packaging, which may compromise the value of a laboratory examination, should be noted, and the customer informed. Such a deficiency may be grounds for refusal to carry out the laboratory examination. Where applicable staff should wear suitable protective clothing to minimise the risk of accidentally leaving trace evidence, such as fingerprints or DNA, on the items being examined. 5.2 Examination Techniques and Methods Whilst it is accepted that individual organisations will have their own, accredited methods, the principle of each method should be carried out in accordance with the recommendations in the appendices to this Manual (Appendix 3 - “Overview Procedure for Forensic Handwriting Examinations and Comparisons”). 5.3 Analysis Protocols The actual work that is carried out in individual cases should be determined by the requirements of the case and will depend on the value of any other evidence which may be available. But a systematic approach should always be adopted, to ensure consistency of delivery of services that are fit for purpose. Whatever work is done, the Forensic Handwriting Examiner should always use the combination of techniques available that offers the greatest potential for recovering any forensically viable information, taking into account the volume of work to be undertaken. The choice of the most suitable methods of examination can only be made at the time of the initial assessment by the Forensic Handwriting Examiner involved. Given the same case circumstances, all laboratories would ideally adopt the same analysis protocol, but in practice 8/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting the extent to which such harmonisation can be achieved will be limited. This protocol can thus act only as a guide. Non destructive tests should be given priority. 5.4 Case Records The exact requirements for recording casework information will depend on the legal system of the country/state of jurisdiction. As a minimum, however, the records should be in sufficient detail to allow another Forensic Handwriting Examiner, competent in the same area of expertise, to identify what has been done and to verify the findings. For casework involving the forensic examination of handwriting, the records should include details of: the items that were submitted to the laboratory, the information accompanying the items on submission and the nature of the work requested the method of submission (e.g. by hand., by post, etc.), by whom and on what date(s) all movement of casework material within the laboratory system, the person(s) responsible for the movement and the date(s) the movements took place the method of return of items to the submitting organisation (e.g. by hand, by post, etc.), by whom and on what date(s) any changes, or additions to the items all communications within the laboratory and between the laboratory and the submitting organisation about the case for each item examined, the labelling, method of packaging and integrity of packaging on receipt what examinations have been carried out, when, in what order, where and by whom all observations made, photographs taken and analytical data generated the specific examination methods and procedures used all draft and final reports or statements generated administrative and technical review, when and by whom Wherever possible, written records should be made on standardised forms. 5.5 Peer Review It is important within Forensic Handwriting Examinations that the results of any examinations undergo Peer Review. The Peer Review will cover, as a minimum, the Critical Findings in the case. The Peer Review should also cover the Technical Findings. 5.5.1 Critical findings Whilst the exact legal requirements may be different for different organisations, in general findings of critical evidential value should be confirmed by a second Reporting Scientist who has been authorised and is competent to carry out such checks. Findings are considered critical when: they make a significant contribution to the findings in the case, and are incapable of being confirmed at a later time, or are subject to possible differences in interpretation by different Reporting scientists, A written record of these checks should be made on the case notes, bearing the signatures of both the reporting scientist and the reviewer. 9/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting Where critical findings have not been reviewed, the submitting body should be informed that the results are preliminary. 5.5.2 Technical findings The technical findings are the results of the examination(s). These findings must be justified and supported by documentation within the casefile. Areas that should be covered by the technical review include: is there adequate documentation for all the materials examined have the appropriate examinations/analyses been carried out have the relevant QA procedures been followed have analytical identifications/comparisons been checked is the statement/report accurate and does it refer to all items submitted 6. VALIDATION AND ESTIMATION OF UNCERTAINTY 6.1 Validation The laboratory should, where possible, only use validated techniques and procedures for the forensic examination of handwriting and the interpretation of their significance in the context of the case. 6.1.1 Validation requires as a minimum that: there is an agreed requirement for the technique or procedure; the critical aspects of the technique or procedure have been identified and the limitations defined; the methods, materials and equipment used have been demonstrated to be fit for purpose in meeting the requirement; there are appropriate quality control and quality assurance procedures in place for monitoring performance; the technique or procedure is fully documented; the results obtained are reliable and reproducible; the technique or procedure has been subjected to independent assessment and, where novel, peer review; the individuals using the technique or procedure have demonstrated that they have been trained and have demonstrated that they are competent. 6.1.2 Where the techniques or procedures have been validated elsewhere, the laboratory is required to carry out a verification exercise to demonstrate that it can achieve the same quality of results in its own environment. 6.2 Estimation of uncertainty of measurement Whilst it can be accepted that within forensic handwriting comparisons examiners do not routinely make the sort of measurements described in paragraph 5.4.6 of ISO 17025, the standard indicates that: any laboratory should at least attempt to identify all the components of uncertainty and make a reasonable estimation of the uncertainty and and that any reasonable estimation should be based on knowledge of the performance of the method. This should make use of for example, previous experience and validation data. 10/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting As such it is necessary to demonstrate that the issue of "uncertainty components" is addressed. Consideration should be given to each of these components when the Forensic Handwriting Examiner is assessing the material as part of their examination, including: 6.2.1 Sample size - The results (and strength of the results) of any handwriting and signature examinations may depend on the amount of material submitted for comparison. The results also depend on other criteria such as the complexity of the handwriting and the stylisation of the signature. 6.2.2 Quality of material examined - The quality of the submitted material will have an intrinsic effect on any examination. The following list indicates a number of instances where this will occur: Handwriting that has been submitted as photocopies does not possess all of the detail present in original handwriting Inks that have been treated with a solvent are more difficult to differentiate than un-treated inks Non-standard writing tools and/or surfaces (such as sprays, paint and outdoor surfaces) 6.2.3 Complexity of handwriting/signatures - Handwriting and signature examinations and comparisons, and the results of those examinations and comparisons, depend significantly on the relative complexity or stylisation of the handwriting or signatures. 6.2.4 Human error - There are a number of circumstances where human error can be critical. To counter these consideration should be taken to address each of the potential areas, for example: Training - all examiners undergo a formal, scheduled and detailed, training programme, during which their progress is monitored and assessed. Where errors or misidentifications are made, the trainee is made aware of those misidentifications or errors, and any corrective actions undertaken. Competency - The competency of each practitioner is routinely checked and monitored against a set of specified criteria. Procedures - standard operating procedures are in place to ensure a uniformity and conformity of approach to each examination. These procedures are used during the training programme, and the work of the trainee and other members of staff are periodically reviewed against these procedures. Repeat analysis - examinations are carried out independently by a second practitioner. The results of both practitioners are subsequently discussed, and a consensus result reached (this is usually, but not exclusively, in agreement with the more cautious set of results). Occasionally, where the examination may be more complicated or result in more contentious findings, the material is given to a third practitioner, for their opinion. Collaborative Exercises/Proficiency Testing (CE/PT) - The ability of each examiner is tested regularly, over the range of examinations undertaken, using external CE/PTs. The reported results are assessed against the "known" answers, and any areas of disagreement are discussed and any corrective actions undertaken. 7. QUALITY ASSURANCE Proficiency tests should be used to test and assure the quality of Forensic Handwriting Examinations. A list of currently available PT/CE schemes as put together by the QCC is available at the ENFSI Secretariat. “Guidance on the conduct of proficiency tests and 11/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting collaborative exercises within ENFSI” [1] provides information for the ENFSI Expert Working Groups (EWGs) on how to organise effective proficiency tests (PTs) and collaborative exercises (CEs) for their members. The Forensic Handwriting Examiners should participate in at least one externally generated proficiency test each year. Participants in the test should follow the standard laboratory procedures for casework. They should not give the test any special treatment that would not be given in the same circumstances to casework. The laboratory QA Manager should be informed of all PT/CEs undertaken. Any results not in accordance with the expected outcome should be brought to the attention of the laboratory QA Manager as soon as possible. 8. HANDLING ITEMS The examiner must ensure that any alterations to items within their possession are in accordance with the customer’s requirements and are recorded within the casenotes. The examiner must ensure that, whilst within their possession, there is no contamination (for example extraneous fingerprints and/or DNA) to items that might require further examination. The examiner must consider the potential health hazards with the item (see paragraph 14.1) and take the appropriate precautions when handling any relevant items. 9. INITIAL ASSESSMENT 9.1 Introduction In general all casework should undergo an initial case assessment to determine the suitability of the material for examination and the applicability of material submitted before any examination is undertaken. 9.2 Assessment at the laboratory Before starting work on any case the examiner should carry out an assessment of the information available and the items provided for examination in light of the agreed customer requirement. The examiner should seek to redress any deficiencies through consultation with the customer. Any work carried out will be to meet a particular customer requirement. At each stage, however, it is important that the course of action selected is based on an assessment of both the propositions put forward by the customer and the known alternative(s) to this. The examiner should also make an assessment of the risk of contamination, or any other issue that could affect the integrity of the items before examination commences. The examiner should then consider to what extent the proposition put forward by the customer can be tested and should also frame at least one alternative proposition favourable to the ‘defence’. The examiner should consider what they might expect to find if each proposition were correct and should make an assessment of the likely strength of the findings. 12/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting 10. PRIORITISATION AND SEQUENCE OF EXAMINATIONS 10.1 General considerations Where there is more than one item and/or evidence type involved in the examination of a case then priorities and sequences for the examinations will need to be considered. Before commencing any examinations within a case the following matters should be considered: the urgency and priority of the customer’s need for specific aspects of the information the other types of forensic examination which may have to be carried out which evidential types or items have the potential to provide the most information in response to the various propositions and alternatives the perishable nature of any material that may be present health and safety or security considerations 10.2 Considerations for forensic handwriting examinations The Forensic Handwriting Examiner must consider the most appropriate sequence of examinations, the implications of which will have to be considered in conjunction with: the availability of items for examination the amount of material, within the items, available for examination the potential value of the information available from each examination and the impact this has on the various propositions 11. RECONSTRUCTION OF EVENTS Not applicable 12. EVALUATION AND INTERPRETATION When determining the authorship of a piece of handwriting and/or signature, a number of hypotheses must be considered during the evaluation and interpretation of all of the information received and gathered relating to a specific examination process. Each hypothesis must be considered equally against: the background information available about the case and the original expectations formulated during case assessment the significance of any findings from the examination and an overall opinion formed of the most likely authorship of the handwriting and/or signatures. 13. PRESENTATION OF EVIDENCE 13.1 General The overriding duty of those providing expert testimony is to the court and to the administration of justice. As such, evidence should be provided with honesty, integrity, objectivity and impartiality. 13/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting Evidence can be presented to the court either orally or in writing. Only information which is supported by the examinations carried out should be presented. Presentation of evidence should clearly state the results of any evaluation and interpretation of the examination. The Reporting Scientists findings and opinions are normally provided, in the first instance, in written form, as a report or statement of witness, for use by the investigator and/or the prosecutor/court. Oral evidence may subsequently be required. 13.2 Written evidence Written reports should include all the relevant information in a clear, concise, structured and unambiguous manner as required by the relevant legal process. Written reports must be peer reviewed. Whilst formal advice is available on the format of reports and statements the scope for consistency may be limited by the requirements of the criminal justice system for the country of jurisdiction. In general, however the following should be included: the unique case identifier the name and address of the laboratory(s) where the Forensic Handwriting Examiner is employed the identity of the Forensic Handwriting Examiner(s), and evidence of their status and qualifications where this is a requirement the signature of the Forensic Handwriting Examiner (s) the date on which the report/statement of Forensic Handwriting Examiner (s) was signed the date of receipt of the material that has been examined the name and status of the submitter a list of the material submitted, identified by source if relevant a comment relating to the condition of submitted material and its packaging when received, particularly where there is evidence of alteration, either by tampering, damage, contamination or any other means details of all relevant information received with, or in addition to the material the purpose of the examination details of the examinations/analyses carried out the results of the examination/analyses an assessment of the significance of the results in the context of the information provided the witness's expert opinion, where appropriate, and any findings which may influence it comment covering any material that was not examined, and the reasons for this details of any submitted material, or parts of such material, not being returned to the submitter, and the reasons why A page numbering system (for example in the format “Page x of y”) The use of schedules and/or photographic charts or illustrations, including interpretations and original data, can be a helpful aid in presenting the information clearly. 13.3 Oral evidence Persons expected to present oral testimony should have received instruction and/or mentoring in the procedural requirements of the particular criminal justice system in which the evidence is to be presented. Only information which is supportable by the examinations carried out should be presented. 14/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting When giving oral evidence the Forensic Handwriting Examiner should resist responding to questions that take them outside their field of expertise unless specifically directed by the court, and even then a declaration as to the limitations of their expertise should be made. 14. HEALTH AND SAFETY There are occasional health hazard issues with items submitted for forensic handwriting examination, including biological contamination (for example excrement or biological powders) and chemical contamination (fingerprint treatment reagents). Caution must be taken when examining these types of items, and occasionally no examination can be undertaken. 15. BIBLIOGRAPHY There are many books, journals and individual papers published on the subject of Handwriting Examinations. It is impossible to compile a complete list of all of these. The following list contains some of the significant publications that relate to the examination of Handwriting. 15.1 English language texts Caligiuri, M., & Mohammed, L. The Neuroscience of Handwriting: Applications for Forensic Document Examination. Boca Raton: CRC Press, 2012 Ellen, D. The Scientific Examination of Documents - Methods and Techniques, Ellis Horwood, London, 1989 Harralson, H.H. & Miller L. Developments in Handwriting and Signature Identification in the Digital Age, Routledge, 2012 Harrison, W.R. Suspect Documents. Sweet and Maxwell, London, 1958 and 1966 Hilton, O. Scientific Examination of Questioned Documents. Elsevier, New York, 1982 Huber, R.A. & Headrick, A.M. Handwriting Identification: Facts and Fundamentals, CRC Press, New York, 1999 Kelly J.S. & Lindblom B.S. Scientific Examination of Questioned Documents, CRC Press, New York 2006 Mohammed, L. A. Forensic examination of signatures. London: Academic Press, 2019 Morris, R.N. Forensic Handwriting Identification - Fundamental concepts and principles, Academic Press, London, 2000 15/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting Osborn, A.S. Questioned Documents. Boyd, Albany, New York, 1929 15.2 German language texts Michel, L. Gerichtliche Schriftvergleichung, Berlin: Walter de Gruyter 1982 Hecker, M.R. Forensische Handschriftenuntersuchung. Heidelberg: Kriminalistik-Verlag, 1993 Conrad, W; Stier, B.: Grundlagen, Methoden und Ergebnisse der Forensischen Schriftuntersuchung. Lübeck: Schmidt-Römhild, 1989 16. AMENDMENTS AGAINST PREVIOUS EDITION Introduction of additional paragraphs in “Section 2. Scope” dealing with the differences between Forensic Handwriting Examination and Graphology. See Appendix A 1 16/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting APPENDIX 1 - KEY KNOWLEDGE REQUIREMENTS FOR THE FORENSIC EXAMINATION OF HANDWRITING SCOPE All analysis involving the examination and comparison of handwriting and signatures, both original and non-original. The purpose of the examination is to determine whether or not there is evidence that two or more pieces of handwriting (including signatures) have a common authorship (that is to say “Is there any evidence that these pieces of handwriting were written by the same person?”). The approach relies on a visual examination of the characteristics of the handwriting or signatures, and an assessment of the similarities and differences found between pieces of handwriting. DETAILED KNOWLEDGE Forensic Handwriting Examiners performing these examinations should have detailed knowledge of the following, gained through a comprehensive and documented training programme:- Process of handwriting comparison which includes following. Pertaining to Analysis: Different writing implements Variations in handwriting o Within a piece of handwriting o Between two pieces of handwriting o Accidental variation o Long-term development of handwriting Styles of handwriting/Classification systems o Upper-case o Cursive Lower-case o Disconnected lower-case o Signatures o Graffiti Systems of handwriting o Different alphabets (e.g. Roman, Greek, Cyrillic, Arabic etc.) Determination of pen-path Determination of fluency o Variation in pen-pressure o Tapering ends in individual characters o Connectivity between characters o Effects of speed in handwriting Graphic maturity o Effects of complexity o Illiteracy External factors affecting handwriting such as Writing position and writing surface 17/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting Visibility and lighting conditions Motion Guided / Assisted hand signatures Internal factors affecting handwriting such as Illness and medication Alcohol Drugs Handedness Infirmity and age Stress Pertaining to Comparison: Effects of copying Freehand Tracing Transferred / Transposed signatures (e.g. photocopies) Effects of disguise Types of disguise o Stencil o Fluency Maintenance of disguise within both known and questioned Correct sampling techniques Known handwriting o Dictate o Correct writing style o Sufficient quantity o Disguise Course of business handwriting o Different sources o Verification/identification o Contemporaneous sampling covering the relevant time period Benefits of correct sampling process Pertaining to Evaluation Considerations o Significance of similarities and differences o Chance resemblance o Simulation o Disguise o Limited populations o Class characteristics (foreign writing) o Individual/ class characteristics Bayesian Approach/Likelihood ratios Different styles of conclusion scales in common usage Certainty of conclusions and probabilities 18/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting Grouping - management of large cases Presentation of evidence Orally In written format Contamination GENERAL AWARENESS Forensic Handwriting Examiners should also be able to demonstrate an awareness of the following: Teaching methods for handwriting and taught styles Graphology – a discipline where the personality of an individual is inferred from their handwriting. It is to be clearly distinguished from forensic handwriting examination. This type of examination is not supported by this BPM (see section 2. “Scope”). Electronic systems for handwriting classification and retrieval FISH Graphlog CEDAR-FOX FlashID Electronic signature verification Challenges to Forensic Handwriting Examinations 1993 US court decision in Daubert v Merrill Dow Pharmaceuticals o Five critical considerations for admissibility of expert evidence How to prepare for a challenge on the scientific nature of handwriting comparisons Various arguments governing the uniqueness of handwriting Non-destructive document examination methods Indented impressions Lighting and filtering techniques o Absorbance (Visual & infra-red) o Luminescence (Visual, infra-red & ultra-violet) Printing processes o Non-impact printing o Impact printing o Commercial printing processes Simple paper examinations o Use of lighting techniques o Shredded documents o Watermarks Partially destructive document examination methods, including Thin layer chromatography FTIR Raman 19/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting SEM Other forensic examinations that may be impacted upon by a Forensic Handwriting Examination Fingerprint enhancement techniques DNA examinations 1 20/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting APPENDIX 2 – TRAINING REQUIREMENTS OF FORENSIC HANDWRITING EXAMINERS 1. BACKGROUND 1.1 This appendix details the requirements for the training of both a Reporting Scientist and an Analyst/Assistant (see paragraph 4.1.1. of the “Guidelines for Best Practice in the Forensic Examination of Handwriting”). 1.2 Whilst it is recognized the length of time taken to train a Reporting Scientist and an Analyst/Assistant is dependent on each individual organization, it is important that a number of significant steps and milestones is addressed in the training programme. 1.3 This document does not cover other aspects of the trainees training (including background information on other forensic activities and the role of a Forensic Scientist at court). 2. GENERAL INTRODUCTION 2.1 Each organization must: Generate an individual training programme for each new trainee that covers the whole training period of the trainee. An example of a suitable Training Programme is shown at the end of this Appendix. Ensure that all relevant aspects of the “Key Knowledge Requirements for the Forensic Examination of Handwriting” (Appendix 1) are covered within the training programme. Ensure that there is a periodic assessment of the development of the trainee as a Forensic Handwriting Examiner. Ensure that there is a clear and unambiguous process of final assessment of the capabilities of the trainee. Ensure that there is on-going training and assessment of all Forensic Handwriting Examiners within your organization. 2.2 The duration of the training period shall be determined by the laboratory management in conjunction with the trainee. 3. PHASE 1 - INITIAL TRAINING 3.1 Prior to commencing training, all trainees must have a general overview of the training programme, including a defined timetable with significant milestones. 3.2 During the initial period of training, all trainees should be introduced to: The specific methodology used within the organisation Referenced textbooks and relevant journals and scientific papers Test item handling Use of relevant instrumentation Basic notetaking, including the use of specific forms (if relevant) 4. PHASE 2 – USE OF TRAINING CASES/MOCK MATERIAL 21/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting 4.1 Use of specifically generated material (with known results) to examine specific features encountered within handwriting, for example: types of handwriting including Natural handwriting Disguised handwriting Copied/simulated handwriting types of writing instrument levels and features of fluency differences in individual character construction, and combinations of characters 4.2 The purpose of this section of the training is to install the knowledge of the significance of personal characteristics as opposed to class characteristics 4.3 This section of the training programme will also introduce the comparison process as well as introducing the trainee to the wide variations in characteristics encountered in handwriting. 5. PHASE 3 - INTRODUCTION TO CASEWORK MATERIAL 5.1 This phase introduces the trainee to the critical aspects of examining casework material, including Introduction to any relevant casework management systems employed by the organisation Understanding the purpose of submission and identifying what the potential outcomes of the examination may be. Determining that suitable and relevant material has been submitted and determining what other material may be required to complete the examination Awareness of the other forensic opportunities that may be available, including other aspects of Forensic Document Examination Awareness of the impact of the examinations on other areas of forensic science, including any potential contamination issues Assessment of known and questioned material for internal consistency 6. PHASE 4 - CONSOLIDATION 6.1 This phase of the training is critical as it will introduce the trainee to the wide-range of material submitted to the laboratory and will involve many separate examinations, potentially involving many different case examples. 6.2 Features to be encountered at this stage will also include: Introduction to various types of material Introduction to various case situations, including both size and complexity, and how they can be managed Awareness of relevant databases including IHIS (which includes international copybook styles and handwriting samples) Introduction to the relevant conclusion scales Preparation of forensic reports, including court comparison charts Advising the submitting organization/individual on the need for suitable samples 6.3 Each specific case should be reviewed by the trainer within a reasonable timescale 22/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting 7. PHASE 5 - FINAL COMPETENCE ASSESSMENT 7.1 At the culmination of the documented training period, the trainee will undertake a series of competence assessments. These assessments should include: Review of the casework material examined during Phases 3 and 4 of the training programme. This material will form a portfolio of material which can be assessed both internally, and if appropriate by external scrutiny Successful outcomes from a number of proficiency tests Presentation skills, relating specifically to forensic handwriting comparisons Report writing skills 7.2 Following confirmation that the trainee is competent and confident to present evidence in court, the trainee will be considered suitable for undertaking and reporting casework 8. PHASE 6 - CONTINUED RE-EVALUATION 8.1 It is important to remember that the Training and Final Competence Assessment is a milestone in the Trainees’ progress. All Forensic Handwriting Examiners must maintain their competence. This can be achieved via a number of processes but should include: Regular participation in proficiency tests Peer review of casework Maintenance of competence through regular discussion and independent examinations Maintained awareness of developments in the field through literature, training sessions and seminars/workshops 8.2 Following any prolonged absence or period of inactivity with regards to handwriting comparisons the Forensic Handwriting Examiner must undergo a reassessment for competence (similar to that described in Phase 5, paragraph 7). 23/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting Typical example of training programme. Detailed timings will be dependent on organisational requirements. Handwriting examinations – Training Programme Name: James Smith General information The examination and comparison of handwriting is one of the most subjective of forensic disciplines and it is essential that anyone being trained in the subject is given adequate time to gain experience. The only way to gain experience is by examining handwritings – and plenty of them – and being told about the significance of handwriting features by an experienced handwriting expert. In reaching conclusions, and expressing opinions, handwriting experts have to make assessments of the significance of the handwriting features under examination. To ascribe high significance to relatively common features is a sure and certain way to an erroneous conclusion. Therefore it is essential that the trainee examines handwriting on a daily basis and not just in a piecemeal or occasional manner (ENFHEX BPM). Activity Training Time Target date Completion Trainee Trainer Initial Training Introduction to the Quality System and Methodology Review of relevant textbooks and scientific papers Test item handling Introduction to basic notetaking Use of relevant instrumentation Initial case Confirming relevant items 3 days per week notetaking (minimum) Identifying requirements (Handwriting comparison, signatures, indented impressions etc.) Notetaking (including ink types, colours, printing process etc. Detailed Magnification 3 days per week notetaking (minimum) Sketching handwritings Highlighting features Individual features (proportions, shapes, structures) Assessment of Pictorial similarity 3 days per week the significance of (minimum) handwriting Chance resemblance features Quantity/Quality of handwriting Interpretation of Management of large casefiles As and when the significance of cases become handwriting Grouping of handwriting available features 24/68
ENFSI-BPM-FHX-01 (Ed. 03) BPM for the Forensic Examination of Handwriting Activity Training Time Target date Completion Trainee Trainer External Disguised handwriting As and when influences cases become Copying and forgery available Effects of drugs and alcohol on handwriting Effects of illness and age on handwriting Writing with the unaccustomed hand Positional influences Reporting Results Conclusion scales On-going Report writing Construction of generic report On-going Competence Use of in-house and externally As determined Assessment developed QA Trials by Trainee and Trainer Review of casework material Report writing skills Background General Documents and Handwriting On-going reading protocols Notes: The bulk of the training will consist of shadowing an expert using case examples. During the preliminary aspects of the training both in-house generated examples and previous casework will be utilised. All aspects of training will be regularly reviewed and discussed with the trainee Any slippage in the timetable may result in the “Competence Assessment” date being postponed. 25/68
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